Permanent residence of a spouse for the purpose of family reunification

In this case, the Foreign Police should decide on the permanent residence of your husband – a foreign national – within 90 days, as you have stated. Subsequently, the Foreign Police has a period to issue the residence document. If you requested the issuance of the residence card within 48 hours and paid the administrative fee of EUR 24.50, the residence document will be issued within this timeframe following the decision on the residence. If, upon submitting the application, you also attached a revenue stamp worth EUR 3 and requested that the residence card be sent by courier, the residence card will be delivered to your husband at the specified address. If you did not provide the EUR 3 revenue stamp, you, as the authorized representative, or your husband will have to pick up the residence card in person at the Foreign Police department.

It is also important to know whether the power of attorney granted to you by your husband was limited solely to the collection of mail, as you mentioned. If it was not specifically granted for proceedings related to your husband’s residence and filed in his official file at the Foreign Police, your husband might only learn about the granting of residence from the diplomatic mission, which should inform him of the decision.

In this matter, we recommend writing a request for information or visiting the relevant Foreign Police department in person to inquire.

According to Section 121(1) of Act No. 404/2011 Coll. on the Residence of Foreigners and on amendments and supplements to certain acts, as amended:

(1) A third-country national demonstrates integrity by an extract from the criminal register of the state of which they are a national, and of the state in which the third-country national has resided for more than 90 days during six consecutive months within the last three years.

A third-country national applying for temporary residence under Section 26 demonstrates integrity by an extract from the criminal register of the state where they have had their longest residence in the last ten years.

If the state does not issue a criminal register extract as per the first or second sentence, it may be replaced by an equivalent document issued by a competent judicial or administrative authority of the country of origin, or it may be replaced by an affidavit executed by the third-country national before a competent judicial or administrative authority, or a notary of the country from which they are demonstrating integrity.

The document of integrity must certify integrity throughout the entire territory of the state that issued the document; otherwise, the police department shall not accept such a document. In justified cases, the police department may, with the prior consent of the Ministry of Interior, accept a document of integrity that does not certify integrity throughout the entire territory of the state.

According to Section 126(5) of Act No. 404/2011 Coll. on the Residence of Foreigners: “Signatures on affidavits, powers of attorney, and lease agreements submitted in proceedings under this Act must be notarized; this does not apply if the power of attorney is declared for the record before the administrative authority or in the case of an affidavit or power of attorney in proceedings concerning administrative expulsion or detention.”

There is a visa-free regime between the Slovak Republic and the USA, which allows U.S. citizens to enter the territory of the Slovak Republic and reside here for a maximum of 90 days within a 180-day period without the need for a visa.

Therefore, your husband may travel to Slovakia as a tourist and, during his authorized stay, he may submit an application for residence directly at the Foreign Police Department (OCP).

However, it is important to note:

• Appointment Reservation – the submission of the application is only possible based on a pre-reserved appointment, which must be booked through the Foreign Police online reservation system.

• In-person Submission – the application must be submitted exclusively in person. Your husband must be present during the submission and provide all required documents in the legally prescribed form (originals or certified photocopies, some with an Apostille and an official translation).

• Deadlines and Validity of Visa-free Stay – it is necessary to ensure that the appointment for submitting the application is scheduled while his 90-day visa-free stay is still valid.

• Slovak Marriage Certificate – at the time of submission, he must possess a Slovak marriage certificate. If the wedding took place abroad, it must be registered with the Special Registry Office (Osobitná matrika) in Slovakia.

We would be pleased to assist you with the aforementioned matters and provide legal services regarding permanent residence for 5 years, as well as assist you with the marriage registration.